Colorado Child Custody Laws for Unmarried Parents

Child custody decisions are more complicated for unmarried parents than they are for their counterparts. Extra steps are generally required to establish parentage, especially for fathers. Talk to a Broomfield child custody lawyer from Danielsen Westhoff today to help you navigate the nuanced complexities of these cases and ensure your child and your rights are protected.

Parental Rights for Unmarried Parents

Parental rights look different for parents who are not married. A mother has automatic custody rights of her child upon the child’s birth. However, fathers must establish paternity to have parental rights and seek custody. Paternity can be established immediately after a child is born or at a later date. To establish paternity, paperwork and evidence must be submitted to the court, and hiring a family law attorney in Broomfield can be beneficial for helping ensure the process goes smoothly.

How to Establish Paternity in Colorado

For a father to secure parental rights, they must establish paternity. In Colorado, fathers can establish parentage by completing a Voluntary Acknowledgement of Paternity (VAP) and submitting it to the appropriate entity for their situation. A paternity test may also be taken to establish the child’s parentage during this process. This may be done willingly by both parents, or a petition may be submitted to the court for genetic testing.

How Parenting Rights Impact Custody in Colorado

Parental rights are important when determining a parent’s legal and physical custody rights, as well as visitation rights. Where the child will live and go to school, what medical attention they will receive, and how decision-making responsibilities are allocated are all affected by who has parenting rights. That is why, to have access to their child and share in parenting, fathers should establish paternity as early as possible. Establishing paternity and parenting rights also allows a child’s mother to request child support payments from the father, something that can only be done once paternity is established. Having a Broomfield child support lawyer while navigating these and other considerations can help ensure that you are not missing out on any rights you are entitled to by law.

Protecting the Child’s Best Interests

While unmarried parents have parental rights as established by the law, the best interest of the child is prioritized in all cases. To determine the best interests of the child, courts look at the child’s environment and parents to make sure they are safe and healthy, have as much access to their family as possible, and have the resources they need for a good quality of life. The child’s mental and physical health and their wishes (if old enough to articulate them) are also evaluated when making decisions about what is in their best interests.

If a child’s safety or well-being is threatened, then parenting rights may be restricted or revoked. In these situations, talk to a child custody attorney in Broomfield right away about how to file for emergency custody in Colorado.

Legal Representation Can be Invaluable

It is important to have trusted counsel when you navigate child custody laws as an unmarried parent. There are many factors to consider and processes that must be completed before custody matters can be settled. An experienced and knowledgeable lawyer can provide counsel and solutions, so you have peace of mind. A child support lawyer in Broomfield from Danielsen Westhoff can talk with you about your options when you contact us to learn more.